[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park 10-13-1993 by Ord.
No. 403-93. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The basic service tier shall, at a minimum, include all signals
of domestic television broadcast stations provided to any subscriber
[except a signal secondarily transmitted by satellite carrier beyond
the local service area of such station, regardless of how such signal
is ultimately received by the cable operator(s)], any public, educational
and governmental programming required by the franchise agreement to
be carried on the basic tier, and any additional video programming
signals or service added to the basic tier by the cable operator(s).
The Cable Television Consumer Protection and Competition
Act, P.L. No. 102-385, 106 Stat. 1460 (1992).
All cable television operators who are party to a current
franchise agreement with the franchising authority.
Any video programming provided over a cable television system,
regardless of service tier, including installation or rental of equipment
used for the receipt of such video programming, other than:
Video programming carried on the basic service tier;
Video programming offered on a pay-per-channel or pay-per-program
basis; or
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service consists of commonly-identified video
programming and is not bundled with any regulated tier of service.
The certification received by the franchising authority from
the FCC, empowering the franchising authority to regulate certain
cable television rates.
A rate application filed in the manner prescribed and on
the forms adopted by the FCC. A cost-of-service rate application may
be submitted by a cable operator(s), in its sole discretion, in support
of its current rates or a proposed rate increase.
Those rates in effect for the basic service tier and for
the equipment and installation necessary to receive the basic service
tier existing on the date when the franchising authority notifies
the cable operator(s) that it has received certification.
Those standards governing customer service which are prescribed
by the FCC and may be enforced by the franchising authority.
The Federal Communications Commission.
The agreement between one or more cable operator(s) and the
franchising authority pursuant to which the cable operator(s) was
granted a franchise to offer cable television services to subscribers.
The Borough of Franklin Park.
Those rates against which all rate applications shall be
measured. The maximum permitted rates shall be determined consistent
with the rules adopted by the FCC.
An opinion issued by the franchising authority in response
to any rate application.
An order issued by the franchising authority advising the
cable operator(s) and other interested parties of the franchising
authority's intend to take additional time to review and approve
or disapprove any rate application.
The rate prescribed by the franchising authority for the
basic service tier and/or for the equipment and installation necessary
to receive the basic service tier, which may differ from the proposed
rate submitted by the cable operator(s) in a rate application.
A reduction by the franchising authority in the current rates
charged by a cable operator(s).
An application on the form adopted by the FCC to be submitted
by the cable operator(s) for approval of its current rates and/or
any proposed increase in the rates for the basic service tier and/or
for the equipment and installation necessary to receive the basic
service tier.
Any refund ordered by the franchising authority of rates charged for the basic service tier and/or the rates for the equipment and installation necessary to receive the basic service tier pursuant to the terms contained in § 98-4D(2).
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
A.
The
franchising authority is hereby empowered to make application for
certification with the Federal Communications Commission (FCC) to
regulate cable television rates for the basic service tier, the equipment
and installation necessary to receive the basic service tier and to
provide notice to the cable operator(s) of its application for certification.
Application shall be made in the manner and on the forms adopted by
the FCC and notice shall be provided to the cable operator(s) before
or on the same day of filing of the application.
B.
Upon
the effective date of certification, the franchising authority shall
provide notice to the cable operator(s) of its certification, its
intention to regulate rates for the basic service tier, the equipment
and installation necessary to receive the basic service tier and its
intention to enforce customer service standards.
C.
In
the event that the franchising authority shall not obtain certification,
or that its certification shall be reconsidered and revoked, the franchising
authority is hereby authorized to continue to enforce customer service
standards and to take such steps as are necessary to receive certification.
Pursuant to the power and authority granted to the franchising
authority under the Cable Act of 1992, its certification by the FCC
for regulating rates for the basic service tier and rates for the
equipment and installation necessary to receive the basic service
tier and other charges which may be regulated by the franchising authority
pursuant to the regulations adopted by the FCC under the Cable Act
of 1992, the franchising authority shall exercise regulatory power
over the rates charged or to be charged to a subscriber for the basic
service tier and for the equipment and installation necessary to receive
the basic service tier applicable to those subscribers of the cable
operator(s).
A.
Initial
procedures.
(1)
The cable operator(s) shall give notice to its subscribers within
90 days (or three billing cycles) of the effective date of the rules
adopted by the franchising authority, and to all new subscribers at
the time of installation, of the availability of the basic service
tier.
(2)
Each cable operator shall submit a rate application to the franchising
authority for approval of that cable operator's current rates
for the basic service tier and for approval of its rates for the equipment
and installation necessary to receive the basic service tier and for
approval of any proposed rate increase.
(a)
The rate application for approval of current rates for the basic
service tier and the rates for the equipment and installation necessary
to receive the basic service tier shall be filed within 30 days of
notice from the franchising authority to the cable operator(s) that
the franchising authority has been certified by the FCC and has adopted
the regulations required by the FCC for rate regulation.
(b)
The rate application for any proposed increase in rates for the basic
service tier or for the equipment and installation necessary to receive
the basic service tier shall be filed a minimum of 30 days before
the effective date of the proposed increase.
(c)
Included in a rate application shall be such information as is set
forth in the application form adopted by the FCC.
(d)
The cable operator(s) shall submit any relevant information as is
permitted by FCC rules, as contained on the application and worksheets
adopted by the FCC for rate applications, and which the cable operator(s)
would like the franchising authority to consider in evaluating the
current rates for the basic service tier and/or for the equipment
and installation necessary to receive the basic service tier and/or
in evaluating any proposed rate increase of those same items.
(e)
If the current rates for the basic service tier and/or for the equipment
and installation necessary to receive the basic service tier or if
any proposed rate increase exceeds the maximum permitted rates, the
cable operator(s) may submit a cost-of-service rate application in
conformity with FCC rules. Only the cable operator(s) may decide whether
to submit a cost-of-service rate application.
(3)
The cable operator shall give written notice to its subscribers that
a rate application has been filed at least 30 days prior to the effective
date of any proposed rate increase. Said notice shall provide the
name and address of the franchising authority before whom the rate
application is pending.
(4)
The cable operator(s) bears the burden of proof that its current
rates or any proposed rate increase complies with the statutes of
the United States and the regulations of the FCC.
(5)
Within 10 days of receipt of a rate application, the franchising
authority shall provide notice in a newspaper of general circulation
within the jurisdiction of the franchising authority, which notice
shall contain at a minimum:
(a)
The rate application has been received from the cable operator(s).
(b)
The manner in which interested parties may review and/or obtain copies
of the rate application.
(c)
The effective date of the proposed rate increase, if that is the
subject of the rate application.
(d)
The manner in which interested parties may offer their comments regarding
the rate application.
(e)
The date all comments must be received by the franchising authority.
(f)
The date on which the franchising authority must act on the rate
application or the rate application shall have become effective without
action.
(6)
Within 30 days of receipt of the rate application, the franchising
authority shall:
(a)
Review the rate application and documentation submitted by the cable
operator(s).
(b)
Compare the current rates or the proposed rate increase submitted
by the cable operator(s) with the maximum permitted rates or with
such other applicable standards as have been adopted and/or approved
by the FCC.
(c)
Consider any public input on the rate application which may have
been provided.
(d)
Approve, disapprove or seek additional time to consider the rate
application.
(7)
If the franchising authority shall fail to either approve, disapprove
or seek additional time to consider the rate application within said
30 days, the rate application shall be deemed approved on the 30th
day after submission.
B.
Request
for additional time.
(1)
Rate application. If the franchising authority is unable to determine
from the rate application, including any supporting documentation
submitted by the cable operator(s), whether the current rates for
the basic service tier and/or the proposed rate increase are within
the maximum permitted rates, the franchising authority may, in cases
not involving cost-of-service showings, take an additional 90 days
to consider the rate application.
(a)
The franchising authority shall issue an order and serve the same
upon the cable operator(s) indicating that additional time is required
to consider the rate application. The order shall be issued prior
to the expiration of the 30 days during which the franchising authority
may consider the rate application. Within seven days of issuance of
such order, the franchising authority shall publish notice in a newspaper
of general circulation within the jurisdiction of the franchising
authority, which notice shall contain a summary of the order, including
the additional time requested, and the reason for requesting such
additional time.
(b)
The cable operator may submit such additional information as it believes
will cure any deficiencies in the rate application during the additional
time.
(c)
The franchising authority may require the cable operator(s) to furnish
additional specified information, including proprietary information,
when the current rate or proposed rate increase is in excess of the
maximum permitted rate. When the current rate is equal to or below
the maximum permitted rate, the franchising authority may only require
furnishing of documentation that the rate is within the maximum permitted
rate. Any proprietary information furnished to the franchising authority
shall be retained as confidential in conformity with regulations adopted
by the FCC in this regard, a copy of which regulations are on file
with and available for review upon request to the franchising authority.
(d)
If no decision is issued by the franchising authority at the expiration
of the additional time, the current rates or proposed rate increase
shall become effective, subject to any later refund order adopted
by the franchising authority. Notwithstanding the foregoing, the franchising
authority, in order to later order a refund, must, within the text
of the order, direct the cable operator(s) to keep an accurate account
of all amounts received by reason of the rate in issue and on whose
behalf such amounts were paid.
(2)
Cost-of-service rate application. If the cable operator(s) has submitted
a cost-of-service rate application and the franchising authority is
unable to determine whether the current rates for the basic service
tier and/or for the equipment and installation necessary to receive
the basic service tier and/or the proposed rate increase are within
the maximum permitted rates, the franchising authority may take an
additional 150 days to consider the cost-of-service rate application.
(a)
The franchising authority shall issue an order and serve the same
upon the cable operator(s) indicating that additional time is required
to consider the rate application because it is a cost-of-service rate
application. The order shall be issued prior to the expiration of
the 30 days during which the franchising authority may consider the
rate application. Within seven days of issuance of such order, the
franchising authority shall publish notice in a newspaper of general
circulation within the jurisdiction of the franchising authority,
which notice shall contain a summary of the order, including the additional
time requested and the reason for requesting such additional time.
(b)
The franchising authority may require the cable operator(s) to furnish
additional specified information, including proprietary information,
when the current rate or proposed rate increase is in excess of the
maximum permitted rate. When the current rate is equal to or below
the maximum permitted rate, the franchising authority may only require
furnishing of documentation that the rate is within the maximum permitted
rate. Any proprietary information furnished to the franchising authority
shall be retained as confidential in conformity with regulations adopted
by the FCC in this regard, a copy of which regulations are on file
with and available for review upon request to the franchising authority.
C.
If
no decision is issued by the franchising authority at the expiration
of the additional time, the current rates or proposed rate increase
shall become effective, subject to any later refund order adopted
by the franchising authority. Notwithstanding the foregoing, the franchising
authority, in order to later order a refund, must, within the text
of the order, direct the cable operator(s) to keep an accurate account
of all amounts received by reason of the rate in issue and on whose
behalf such amounts were paid.
D.
Decision
of the franchising authority.
(2)
The franchising authority may, but is not required to, issue a written
opinion when the rate application is approved and there have been
no objections filed.
(3)
Within seven days of issuance of an opinion, the franchising authority
shall provide notice in a newspaper of general circulation within
the jurisdiction of the franchising authority, which notice shall
contain at a minimum that:
(a)
The franchising authority has reached a decision on the rate application,
and announcing that decision.
(b)
The manner in which interested parties may review and/or obtain copies
of the opinion.
(c)
The right of interested parties to take an appeal from the opinion
of the franchising authority.
(d)
The deadlines for taking any such appeal.
(4)
Notice of the opinion of the franchising authority shall be provided
to the cable operator(s) by mail within seven days of issuance.
E.
Disapproval
of the rate application.
(1)
Rate reduction.
(a)
Current rates. If the franchising authority shall issue an opinion
disapproving the current rates of the cable operator(s) for the basic
service tier or for rates for the equipment and installation necessary
to receive the basic service tier, the franchising authority may order
a reduction in the current rates for the basic service tier and/or
for the equipment and installation necessary to receive the basic
service tier. The prospective rate adjustment may be set at a level
consistent with the FCC-adopted maximum permitted rates; another rate,
based on review of a cost-of-service rate application; or another
rate consistent with FCC rules.
(b)
Proposed rates. If the franchising authority shall issue an opinion
disapproving of any proposed rate increase, the franchising authority
may:
[1]
Prescribe a reasonable rate to be charged by the cable operator(s)
instead of the proposed rate. The prescribed rate may not be lower
than the maximum permitted rate unless a cost-of-service rate application
has been submitted by the cable operator(s) and the franchising authority
determines that the cost-of-service analysis justifies a lower rate;
or
[2]
Advise the cable operator(s) of a rate level to which it would
not object if a modified rate application were resubmitted.
(2)
Refunds. The franchising authority may order a refund if:
(a)
The cable operator failed to comply with a rate decision by the franchising
authority. The refund period may be retroactive to the effective date
of the rate order issued by the franchising authority.
(b)
The franchising authority determines in its initial review of the
current rates that they exceed the maximum permitted rates and are
unsupported by a cost-of-service rate application. In such instance
the refund period may be retroactive to September 1, 1993, or one
year prior to the date on which the cable operator(s) implement(s)
the prospective rate adjustment, whichever is shorter.
(c)
The franchising authority has issued an order permitting it to take
an additional 90 days or 150 days to consider a rate application and
has directed the cable operator(s) to keep an accurate account of
all amounts received by reason of the rate in issue and on whose behalf
such amounts were paid, but failed to issue an opinion during that
time period, causing the rates to become provisionally effective,
and the franchising authority later finds all or a portion of the
rates to be unreasonable. In such instance, the refund period may
be retroactive to the date of the order and ending on the date on
which the cable operator(s) implements the prospective rate reduction
or one year, whichever is shorter.
(3)
Before any refund order shall become effective, the franchising authority
must send notice to the cable operator(s) of a maximum of 30 days
to submit additional information to the franchising authority as to
why the refund should not be ordered. At the end of said period, the
franchising authority shall either confirm, amend or rescind said
refund order.
(4)
Refunds shall include interest computed at applicable rates published
by the Internal Revenue Service for tax refunds and additional tax
payments.
(5)
If any proposed rate increase has gone into effect due to inaction
of the franchising authority or the failure of the franchising authority
to issue an order stating a need for additional time, the franchising
authority has no right to order a refund.
(6)
Any violation of any order issued hereunder shall be considered a
violation of this chapter.
A.
Within
90 days of receipt by the cable operator(s) of written notice from
the franchising authority of the franchising authority's intention
to monitor and enforce the customer service standards adopted by the
FCC, a copy of which are attached hereto as Exhibit A[1] and incorporated herein by reference, the cable operator(s)
shall comply with said standards.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
B.
At
the next billing cycle after receipt of said notice, as to its existing
subscribers, and at the time of installation for new subscribers,
the cable operator(s) shall provide its subscribers with notice of
its customer service standards and shall provide said subscribers
with the name of the franchising authority or contact person for said
franchising authority that the subscriber should contact to report
any violation or alleged violation of said customer service standards.
C.
The
franchising authority, upon receipt of a complaint of an alleged violation
of the customer service standards by the cable operator(s), or upon
discovery of a violation on its own accord, shall provide notice of
the same to the cable operator(s), who may respond thereto within
10 days of said notice.
D.
Any
failure of the cable operator(s) to cure a violation of the customer
service standards within such time as shall be set by the franchising
authority or to timely respond to a notice from the franchising authority
regarding a violation shall be a violation of this chapter.
A.
Cumulative
remedies. Where this chapter provides alternative penalties or remedies,
they shall be cumulative, and the imposition of one penalty or remedy
shall not prevent the franchising authority from invoking any other
penalty or remedy provided herein.
B.
In
addition to all other rights and remedies provided herein, the franchising
authority shall have all rights and remedies afforded under the franchise
agreement.
C.
Any
person, firm or corporation who shall violate any provision of this
chapter or fails to comply therewith or with any of the requirements
thereof, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, shall pay a judgment of not less than $100
nor more than $600 plus costs, including reasonable attorneys' fees
incurred by the Borough. A separate offense shall arise for each day
or portion thereof in which a violation of this chapter is found to
exist and for each section of this chapter found to have been violated.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin or abate violations of this
chapter. All penalties collected for violations of this chapter shall
be paid to the Borough Treasurer.[1]
Appeals of all ratemaking decisions by the franchising authority
may be taken to the FCC by the cable operator(s), subscribers or other
interested parties.
A.
Appeals
must be filed within 30 days of the date of public release of the
franchising authority's opinion.
B.
Oppositions
to an appeal must be filed within 15 days after the filing of the
appeal and must be served on the party appealing.
C.
Replies
to oppositions shall be filed within seven days of the filing of an
opposition and served on all parties.
A.
Cable
programming service rates.
(1)
The franchising authority is hereby authorized to file complaints
with the FCC on behalf of itself and/or any subscriber who files a
complaint with the franchising authority for those cable programming
service rates solely regulated by the FCC.
(2)
The decision to file a complaint with the FCC by the franchising
authority shall be in the sole discretion of the franchising authority.
(3)
Any such complaint filed by the franchising authority shall be in
conformity with the rules of the FCC.
(4)
The franchising authority, if it chooses not to file a complaint,
may, but is not required, to assist a subscriber in filing a complaint.
(5)
No formal review or adjudication by the franchising authority of
any such complaint is permitted.
